RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02658
INDEX CODE: 136.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 27 FEB 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
It appears the applicant is requesting an active duty retirement
rather than a Reserve retirement.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He is being denied proper retirement pay and benefits. He was
called to active duty on 2 Jan 91 with over 30 years of service
which earns him a full retirement. He served on active duty in the
Persian Gulf. In Jun 93, he was involuntarily retired from the Air
Force Reserve, although his intentions were to continue to the end
of his enlistment.
He emphasizes the fact that the Air Force called him to active
duty, sent him to the Persian Gulf, and involuntarily retired him;
therefore, all of his service time is now active duty service for
retirement because he was called to active duty by the President of
the United States.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Based on available records, applicant enlisted in the Air National
Guard on 22 Nov 57 and had continuous satisfactory service until
21 Nov 66. Applicant was in civilian status from 22 Nov 66 to
10 Nov 67.
Applicant reenlisted in the Air National Guard in 11 Aug 67 and had
continuous satisfactory service until his transfer to the Retired
Reserve effective 30 Jun 93, with eligibility for retired pay at
age 60 (25 May 1996).
At the time of his transfer to Retired Reserve status he had
completed 4212 total points, which included points for Additional
Flying Training Periods (AFTPs). However, only 3433 points were
creditable towards retired pay. Title 10, USC, 12733, establishes
a limit on the number of Reserve points that may be credited per
Retention/Retirement (R/R) year at 60 points.
He completed 34 years, 7 months, and 19 days of satisfactory
federal service towards retirement, with 3 years, 10 months, and
7 days of that time as active duty service.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ ARPC/DPP considered this application and recommended denial.
They provided the following analysis of the circumstances
surrounding the applicant’s case:
a. In order to establish eligibility for Reserve retired pay
under the provisions of Title 10, USC, Section 12731, a member must
complete at least 20 years of satisfactory service, with the last
six or eight years of qualifying service in a Reserve component. A
review of the applicant’s records indicates he completed 34 years,
7 months, and 19 days of satisfactory federal service and was
eligible for Reserve retired pay on his 60th birthday, 25 May 1996.
He is currently drawing Reserve retired pay.
b. Applicant says he was called to active duty in Jan 91,
with over 30 years of service which earns him full active duty
retirement. However, being called to active duty does not make a
person eligible for active duty retired pay; the member has to
complete the requirements of the law. In order to establish
eligibility for retired pay under the provision of Title 10, USC,
Section 8914, a member must complete 20 years of total active
federal military service (TAFMS). A review of the applicant’s
military personnel records indicates he completed only 3 years,
10 months, and 7 days of TAFMS. Since he did not complete at least
20 years TAFMS, he is not eligible for retired pay under the
provision of Title 10, USC, Section 8914.
Applicant is currently receiving Reserve retired pay and this pay
has been calculated using the correct formula and service.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
By letter, dated 18 Oct 05, applicant provided a sequence of events
subsequent to him being called to active duty in Jan 91 with over
30 years of service and gave a review of the circumstances
surrounding his denial of retired pay and benefits.
In support of his appeal, applicant provided documents
substantiating his previous inquiries to HQ ARPC in regards to his
retirement benefits.
Applicant’s complete response is at Exhibit E.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice warranting some relief. We
considered the applicant’s stated request for an active duty
retirement; however, after careful review of the available records,
it appears that he has been credited with all active and inactive
service creditable under the governing instructions and laws at the
time of his retirement. Title 10, USC, Section 8914 requires a
minimum of 20 years of total active federal military service to be
eligible for an active duty retirement. Applicant’s record of
service indicates that he completed 3 years, 7 months, and 10 days
of active duty service. Therefore, he is not eligible to an active
duty retirement. Additionally, this Board is not aware of any
provision that states a member is to receive the best retirement
possible. Nevertheless, we note the applicant completed over 34
years of satisfactory federal service and is currently receiving
Reserve retired pay and benefits. However, it appears he did not
apply for his Reserve retired pay until 2004, eight years after he
became eligible (effective on his 60th birthday, 25 May 96).
Consequently, as a result of the statute of limitations, he lost
two years of retired pay and benefits. Applicant contends that he
did not receive any letter stating that he must apply for his
retirement pay and benefits. Therefore, we believe any doubt
should be resolved in the applicant’s favor and that his records
should be corrected to reflect he applied for retired pay when he
was initially eligible. Accordingly, we recommend that the records
be corrected to the extent indicated below.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 15 April 1996,
he applied for Reserve retired pay effective 25 May 1996, and his
request was approved by competent authority.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2005-02658 in Executive Session on 2 November 2005, under the
provisions of AFI 36-2603:
Mr. John B. Hennessey, Panel Chair
Mr. Joseph D. Yount, Member
Ms. Jean A. Reynolds, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Aug 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ARPC/DPP, dated 15 Sep 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 23 Sep 05.
Exhibit E. Letter, Applicant, dated 18 Oct 05, w/atchs.
JOHN B. HENNESSEY
Panel Chair
AFBCMR BC-2005-02658
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to XXXXXXX, XXXXXXX, be corrected to show that on 15
April 1996, he applied for Reserve retired pay effective 25 May 1996,
and his request was approved by competent authority.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AF | BCMR | CY2004 | BC-2004-01089
His active duty (AD) service from 18 Jan 01 until 31 May 02, be credited as the highest grade held of lieutenant colonel. On 31 May 02, after 21 years and 18 days of active service, the applicant was released in the grade of major from AD and converted to a traditional Reserve status (IMA) on 1 Jun 02. Reserve Order BA-475, dated 4 Jun 02, ordered the applicant’s promotion to the Reserve grade of lieutenant colonel with a date of rank (DOR) of 18 Jan 01 and an effective date of 1 Jun 02,...
AF | BCMR | CY2005 | BC-2005-02866
However, only five years of this time was satisfactory service creditable toward retired pay eligibility. The applicant’s record contains no documentation of active Reserve participation other than the two periods she served on active duty, 31 Oct 66 through 30 Oct 68, and 4 Dec 91 through 23 Nov 94. Other than the two periods applicant served on active duty, 31 Oct 66 to 30 Oct 68, and 4 Dec 91 to 23 Nov 94, there is no evidence of any active Reserve participation.
AF | BCMR | CY2007 | BC-2007-00675
Section 1176, Enlisted Members: Retention After Completion of 18 or More, but Less than 20 Years of Service, 10 USC, stated, in part, that a regular enlisted member who is selected to be involuntarily separated, or whose term of enlistment expires and who is denied reenlistment, and who on the date on which the member is to be discharged is within two years of qualifying for retirement, shall be retained on active duty until the member is qualified for retirement, unless the member is sooner...
AF | BCMR | CY2005 | BC-2005-02653
He was enlisted in the Air Force Reserve on 13 Aug 80 and had honorable satisfactory service until his retirement effective 1 Feb 05. Applicant requests that his effective date of retirement be changed from 1 Feb 05 to 6 Feb 05, and that he be credited and paid for duty performed after his effective date of retirement. After careful review of the evidence submitted in support of the applicant’s appeal, we found no evidence that he requested a change to his retirement date prior to the 1...
AF | BCMR | CY2006 | BC-2004-03564
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03564 INDEX CODE: xxxxxxxxxxxxxx COUNSEL: NONE xxxxxxxxxxxxxxx HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 22 MAY 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show restoration of lost points, lost pay, compensation for lost promotion opportunities, consideration for retirement eligibility,...
AF | BCMR | CY2005 | BC-2005-01574
His records were then corrected to reflect he was appointed in the AFRES on 9 November 1996 with an assignment in the Non-Obligated, Non-Participating Ready Reserve Personnel Section (NNRPS). The DPP evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response to DPP’s statement that he had not actively applied for AFRES positions following his discharge from extended active, he submits copies of e-mail...
AF | BCMR | CY2005 | BC-2004-03690
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-03690 INDEX CODE: 129.04 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 7 JUNE 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His retired pay be recalculated to reflect his Air National Guard service he performed after retirement. _________________________________________________________________ APPLICANT...
AF | BCMR | CY2012 | BC-2012-04528
On 16 Jan 99, he was activated and served on active duty in the Regular Air Force with a Reserve commission. In order to establish eligibility for Reserve Retirement under the provision of Title 10 U.S.C, Section 12731, a member must complete 20 years of satisfactory service. The applicant first entered active Reserve status on 31 Oct 91, so that date established his R/R year.
The processing of a military member through the military disability evaluation system is determined by a Medical Evaluation Board (MEB) when the member is determined to be medically disqualified for continued military service. The Director of Personnel Program Management, ARPC/DPP, reviewed the case and states that to be eligible for Reserve retired pay under Title 10 USC, Section 12731 the applicant needs to complete at least 15 years, but less than 20 years of satisfactory service, with...
AF | BCMR | CY2005 | BC-2000-02768A
_________________________________________________________________ STATEMENT OF FACTS: On 24 October 2002, the Air Force Board for Correction of Military Records (AFBCMR) considered applicant’s request that the Article 15 imposed on 16 February 1994, and the Officer Performance Report (OPR) closing 30 April 1998, be removed from his records and he be sent to a Replacement Training Unit (RTU) to be re-qualified and reinstated in an active status as an Air National Guard (ANG) fighter pilot in...